On August 6, 2002, the President signed into law the Trade Adjustment Assistance Reform Act of 2002 of 2002 (TAA Reform Act). The 2002 Act reauthorized the Trade Adjustment Assistance (TAA) program through fiscal year 2007 and amended and added provisions to the TAA program, many of which apply to TAA petitions received on or after November 4, 2002. Below are some questions and answers relating to TAA program changes.

Q1: Are petitions that are received before November 4, 2002, reviewed under the old program rules?

A1: Yes. Section 151 of the TAA Reform Act establishes an effective date for the new amendments for petitions received on or after 90 days after enactment. Petitions that are received before the effective date of the TAA Reform Act are subject to the old rules. The new rules apply only to those petitions received on or after November 4, 2002, the effective date of the TAA Reform Act.

Q2: If my petition is received before November 4, 2002, but the certification of my petition occurs after enactment of the new law, do the old program rules apply regarding benefits and services?

A2: Yes. The TAA Reform Act states that the amendments apply to petitions for certification received on or after November 4, 2002. Thus, the date of receipt of the petition determines whether the amendments apply and not the date of the Secretary's certification of the petition.

Q3: Is there a cut-off date to receive petitions under the old law?

A3: Yes. Under the statute, the TAA Reform Act amendments apply to petitions received on or after November 4, 2002. Therefore, petitions received on November 3, 2002, or earlier will be subject to certification under the old law.

Q4: Will all of the changes to the TAA program take place on November 4, 2002?

A4: No. The initial implementation of the TAA Reform Act does not include 1) the advance payment of credit for health insurance costs of eligible individuals, or 2) Alternative Trade Adjustment Assistance Program for Older Workers. Both of these will be implemented by August 2003.

Q5: What must I do to be considered for the Alternative Trade Adjustment Assistance Program for Older Workers (ATAA)?

A5: The ATAA program will be implemented by August 2003. Details on filing and other administrative procedures related to ATAA will be available closer to that time.

Q6: Do states need to readjust services and benefits to workers who were certified prior to November 4, 2002, according to the provisions of the Trade Act of 2002?

A6: No. Any petitions received before November 4, 2002, will be treated under the provisions of the old TAA and NAFTA-TAA programs.

Q7: What happens to the NAFTA-TAA program?

A7: The NAFTA-TAA program has been repealed by the TAA Reform Act. Petitions for NAFTA-TAA will be accepted until November 3, 2002. Workers who are certified under any petitions received before November 4, 2002, even if the certifications are made after that date, will be eligible for services under the current NAFTA-TAA program. Funds will be available to cover NAFTA-TAA-certified workers until their eligibility period runs out.

Q8: If I am presently certified under the old TAA program, but want to receive the services and benefits offered under the new TAA program, would I be eligible under the new program if my petition was received on or after November 4, 2002?

A8: No. Workers presently certified according to criteria of the old TAA program are eligible for services and benefits available according to that program. Workers covered by any new petitions referring to the same worker group as a currently certified petition, or a petition received before November 4, 2002, are automatically included in the existing certification and are eligible for the same services and benefits as those existing under the original petition. No worker or worker group can receive benefits and services under two certifications at the same time.

Q9: Can I withdraw my current petition for TAA and re-file on or after November 4, 2002?

A9: Petitions are valid only for separations occurring one year prior to the petition date. Waiting to file until November 4, 2002, therefore, could possibly cost workers TAA services and benefits they would otherwise be eligible for had the petition been filed prior to November 4, 2002. There is, however, nothing that bars petitioners from withdrawing current petitions and re-filing on or after November 4, 2002.

These questions supplement a general description of a U.S. Department of Labor program. They are intended as general information only and do not carry the force of law or regulation.